RACHAKONDA NARAYANA versus PONTHALA PARVATHAMMA AND ANR.

RACHAKONDA NARAYANA versus PONTHALA PARVATHAMMA AND ANR.

Relief under Section 12(3) of Specific Relief Act, 1963 can be claimed and plaint amended at appellate stage, especially when defaulting party's inability to perform whole contract is revealed only at that stage; appellate court justified in decreeing specific performance for the part of contract capable of being performed.

Parties
Appellant: Rachakonda Narayana; Respondent: Ponthala Parvathamma; Bhima Naik
Jurisdiction
India
Judgment Date
23 August 2001
Procedural Posture
Civil Appeal / Decision on Appeal From Andhra Pradesh High Court's Order in L.p.a. No. 148 of 1989
Outcome
Appeal allowed; judgment of High Court set aside
Legal Topics
Specific Performance, Partial Performance, Appeals Procedure
Contract Law Property Law Specific Performance Partial Performance Appeals Procedure

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Parties

Rachakonda Narayana

Appellant

Ponthala Parvathamma

Respondent

Bhima Naik

Procedural Posture

Civil Appeal / Decision on Appeal From Andhra Pradesh High Court's Order in L.p.a. No. 148 of 1989

Legal Issues

  1. 1 Whether relief under Section 12(3) of Specific Relief Act, 1963 can be claimed at the appellate stage by amendment of the plaint
  2. 2 Whether a party can seek specific performance for part of a contract when the defaulting party’s inability to perform the whole contract comes to light only at the appellate stage

Ratio Decidendi

Relief under Section 12(3) of Specific Relief Act, 1963 can be claimed and plaint amended at appellate stage, especially when defaulting party's inability to perform whole contract is revealed only at that stage; appellate court justified in decreeing specific performance for the part of contract capable of being performed.

Court Disposition

Appeal allowed; judgment of High Court set aside

Orders

  • Plaintiff's suit decreed for specific performance in respect of plot A; claim for plot B relinquished; no order as to costs